Frank Garcia v. Rick Thaler, Director

Case: 10-70001 Document: 00511197389 Page: 1 Date Filed: 08/09/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED August 9, 2010 No. 10-70001 Lyle W. Cayce Clerk FRANK MARTINEZ GARCIA, Petitioner - Appellant v. RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellee Appeal from the United States District Court for the Western District of Texas USDC No. 5:08-CV-62 Before HIGGINBOTHAM, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM:* After reviewing the record and the parties’ submissions, we conclude that Frank Martinez Garcia has failed to make a substantial showing of the denial of a constitutional right, and – for essentially the reasons stated by the district court – we deny his request for a certificate of appealability (COA) on all issues raised therein. Judge Rodriguez’s careful opinion explains why reasonable * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 10-70001 Document: 00511197389 Page: 2 Date Filed: 08/09/2010 No. 10-70001 jurists will not disagree. The issues presented do not merit encouragement to proceed further.1 1 See Miller-El v. Cockrell, 537 U.S. 322, 335–36 (2003). 2